Kentucky Statutes 334.030 – Requirement of written agreement, offer to purchase, or receipt — Contents — Right to cancel — Delivery statement — Solicitation provisions
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(1) Any person who practices the sale or fitting of hearing instruments shall obtain from the buyer of a hearing instrument, at the time such buyer assumes any financial obligation with respect to the purchase, the buyer’s signature on a written and dated agreement, offer to purchase, or receipt. The written agreement, offer to purchase, or receipt shall contain the following information:
(a) Licensee’s signature, printed name and business address, and license number issued to the licensee by the board pursuant to this chapter;
(b) Make, model, and serial number of the hearing instrument;
(c) Immediately following the information required by paragraphs (a), (b), and (d) of this subsection, shall be the statement, in all capital letters in no smaller type than the largest used in the body copy portion, that: ANY COMPLAINTS CONCERNING THE SALE OR SERVICE OF THIS HEARING INSTRUMENT WHICH ARE NOT CORRECTED BY THE SPECIALIST IN HEARING INSTRUMENTS SHOULD BE DIRECTED TO: KENTUCKY LICENSING BOARD FOR SPECIALISTS IN HEARING INSTRUMENTS AT ITS CURRENT MAILING ADDRESS FOUND ON THE BOARD WEB SITE; and
(d) Notice and statement of the purchaser’s thirty (30) day right to cancel pursuant to KRS § 334.210.
(2) The written agreement, offer to purchase, or receipt shall bear in no smaller type than the largest used in the body copy portion the following statement: “The purchaser has been advised at the outset of his or her relationship with the specialist in hearing instruments that any examination or representation is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this state and therefore shall not be regarded as medical opinion or advice.”
(3) Upon delivery of a hearing instrument, the client shall be furnished a delivery statement which shall include specifications as to the make, model, serial number, and delivery date, with full terms of the sale clearly stated. If a hearing instrument which is not new is offered for sale or is sold, that fact shall be clearly stated and conspicuously disclosed and read in the oral sales presentation before the buyer assumes any financial obligation with respect to the purchase, and the receipt shall be clearly marked as “used,” “reconditioned,” or “not new,” whatever is applicable, with terms of guarantee, if any.
(4) No person who practices the selling or fitting of hearing instruments shall visit the home or place of business of a potential buyer for the purpose of soliciting or inducing a sale of a hearing instrument without having obtained, prior to any visit, the expressed written consent of the potential buyer to such a visit. The consent required by this subsection shall clearly and conspicuously state that the potential buyer is aware that the specialist in hearing instruments may attempt to sell a hearing instrument during his or her visit.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 46, sec. 2, effective July 14, 2022. — Amended
1992 Ky. Acts ch. 460, sec. 3, effective July 14, 1992. — Amended 1976 Ky. Acts ch.
276, sec. 3. — Created 1972 Ky. Acts ch. 48, sec. 3.
(a) Licensee’s signature, printed name and business address, and license number issued to the licensee by the board pursuant to this chapter;
Terms Used In Kentucky Statutes 334.030
- Client: means the user or purchaser of the hearing instrument. See Kentucky Statutes 334.010
- License: means a license issued by the board under this chapter to specialists in hearing instruments. See Kentucky Statutes 334.010
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- sale: means any transfer of title or transfer of the right to use by lease, bailment, or any other means. See Kentucky Statutes 334.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(b) Make, model, and serial number of the hearing instrument;
(c) Immediately following the information required by paragraphs (a), (b), and (d) of this subsection, shall be the statement, in all capital letters in no smaller type than the largest used in the body copy portion, that: ANY COMPLAINTS CONCERNING THE SALE OR SERVICE OF THIS HEARING INSTRUMENT WHICH ARE NOT CORRECTED BY THE SPECIALIST IN HEARING INSTRUMENTS SHOULD BE DIRECTED TO: KENTUCKY LICENSING BOARD FOR SPECIALISTS IN HEARING INSTRUMENTS AT ITS CURRENT MAILING ADDRESS FOUND ON THE BOARD WEB SITE; and
(d) Notice and statement of the purchaser’s thirty (30) day right to cancel pursuant to KRS § 334.210.
(2) The written agreement, offer to purchase, or receipt shall bear in no smaller type than the largest used in the body copy portion the following statement: “The purchaser has been advised at the outset of his or her relationship with the specialist in hearing instruments that any examination or representation is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this state and therefore shall not be regarded as medical opinion or advice.”
(3) Upon delivery of a hearing instrument, the client shall be furnished a delivery statement which shall include specifications as to the make, model, serial number, and delivery date, with full terms of the sale clearly stated. If a hearing instrument which is not new is offered for sale or is sold, that fact shall be clearly stated and conspicuously disclosed and read in the oral sales presentation before the buyer assumes any financial obligation with respect to the purchase, and the receipt shall be clearly marked as “used,” “reconditioned,” or “not new,” whatever is applicable, with terms of guarantee, if any.
(4) No person who practices the selling or fitting of hearing instruments shall visit the home or place of business of a potential buyer for the purpose of soliciting or inducing a sale of a hearing instrument without having obtained, prior to any visit, the expressed written consent of the potential buyer to such a visit. The consent required by this subsection shall clearly and conspicuously state that the potential buyer is aware that the specialist in hearing instruments may attempt to sell a hearing instrument during his or her visit.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 46, sec. 2, effective July 14, 2022. — Amended
1992 Ky. Acts ch. 460, sec. 3, effective July 14, 1992. — Amended 1976 Ky. Acts ch.
276, sec. 3. — Created 1972 Ky. Acts ch. 48, sec. 3.